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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Criminal facts;
A. On March 17, 2014, the Defendant’s office located in the Sinju-si, the Defendant did not accurately confirm that he received money from the clan or sold the rice and the land of the clan. Notwithstanding that he did not claim KRW 4-500 million from the clan as the funeral expenses, the Defendant seems to be obvious if he sells the money of the clan and the rice and the land before the worship, even though he did not demand the clan to pay KRW 4-500 million.
In addition, when it comes to know of it, 4-500 million won is claimed at the expense of the cemetery.
“.....”
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.
B. On July 18, 2014, the Defendant did not receive money from a clan in his office located in the Sinju-si around July 18, 2014, and the fact in the family account book that anyone can see, notwithstanding the fact that the victim D received money from the clan, the Defendant “in the old clan, the Defendant made a complaint with D upon complaint, with the money given
However, the era has changed.
“.....”
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.
2. Determination
A. Article 310 of the Criminal Act does not punish the act under Article 307(1) if it is true and solely for the public interest.
Inasmuch as “the reputation of a person by publicly alleging a fact” is stipulated, such person has undermined the reputation of a person.
Even if the facts are related to the public interest and the facts are stated for the purpose of public interest, if it is proved that such facts are true, the illegality shall be dismissed if it is proved that such facts are not punishable, and the above provisions of the Criminal Act shall be deemed to aim at harmonization of two legal interests conflicting with the protection of an individual as personality right and the guarantee of freedom of expression under Article 21 of the Constitution, and therefore, harmony and balance between these two legal interests shall be achieved.